The Veteran's mental health conditions are rated at 50 percent prior to February 19, 2016 and 70 percent thereafter. The right knee arthritis with painful limitation of flexion is not rated higher than 10 percent. The left knee arthritis with pain limitation of flexion is also not rated higher than 10 percent. A separate evaluation of 20 percent for right knee cartilage damage effective May 22, 2017 has been granted. The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.
The deciding factor: The evidence does not support the assignment of higher ratings based on the severity of the Veteran’s mental health conditions and knee disabilities as they are rated at their maximum levels under applicable diagnostic codes.
- Claimed conditions
- {"condition_name":"Adjustment Disorder with Mixed Anxiety and Depressed Mood"}, {"condition_name":"Unspecified Depressive Disorder"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20007175
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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